View Full Version : Dual status - Married - How to file tax return?
acx18
Mar 14, 2011, 10:07 PM
Hello experts,
I am very confused about how to file my taxes, this is my case:
- Mexican citizen
- I came to US on July 1st 2010 on TN Visa
- Worked and paid taxes until June 2010 in Mexico
- Got married on October 2010
My wife:
- Mexican citizen
- She stayed in Mexico for 2010
- She worked and paid taxes in Mexico
How should we file our taxes? Can we file them jointly as married?
Thanks for your advice!
MukatA
Mar 16, 2011, 03:42 AM
You have completed 184 days in 2010. So you can file:
Choice 1: Dual status tax return, or
Choice 2: Joint return as resident. On joint return both of you must report worldwide income. Attach W-7 (ITIN application for your spouse) with your tax return. Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income (http://taxipay.blogspot.com/2008/03/us-citizen-or-resident-with-foreign.html)
acx18
Mar 16, 2011, 05:42 PM
Thanks for your answer, we would like to choose option 2, if we do it, does the combined ($11, 400) standard deduction for married filing jointly apply for us?
-Can we claim the foreign earned income exclusion for both of us? If so, form 2555 requests for a SSN, how to fill this field if my wife will get an ITIN instead of a SSN.
MukatA
Mar 17, 2011, 06:21 AM
Yes you will get standard deduction of $11,400.
On From 2555 for your spouse, keep space for SSN blank.
You can not efile the return. Mail paper return. Attach a first year choice statement. For more on the statement read page 9 (Statement required to Make First Year Choice) of Publication 519: Tax For Aliens.
acx18
Mar 29, 2011, 06:54 PM
Thank you very much for your answers. It is clear now.